Brian Gelish v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 19, 2020
Docket3D19-2302
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 19, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2302
Lower Tribunal No. 09-134-K
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Brian Gelish,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig,
Judge.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant
Public Defender, for appellant.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney
General, for appellee.
Before FERNANDEZ, LOGUE and LOBREE, JJ.
PER CURIAM.
Affirmed. See Abaunza v. State, 278 So. 3d 207, 210 (Fla. 1st DCA 2019)
(standard of review limits us to determining whether trial court's conclusion was
supported by competent substantial evidence); Barron v. State, 217 So. 3d 1088,
1091 (Fla. 3d DCA 2017) (under plain and ordinary meaning of section 394.918(3),
Fla. Stat., as amended in 2014, trial court was authorized to โweigh and considerโ
conflicting evidence in probable cause hearing under sexually violent predators act).
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